State neutrality in relation to the use of certain medical procedures which end or prevent the lives of disabled human beings, with particular reference to English law

Thesis

There are a number of medical procedures which end or prevent the lives of disabled human beings, and the use of these procedures has attracted, and continues to attract, much public and academic debate.

This thesis does not seek to comprehensively address relevant ethical concerns in this debate, but rather seeks to examine, and critically evaluate, a different matter: the neutrality of the state in relation to the use of these medical procedures. Although much of the analysis can apply to other states, the thesis examines whether or to what extent the United Kingdom (as an example of a state) is neutral, with particular reference to English law.

I develop the argument in this thesis in three parts. In the first, I evaluate the main philosophical foundations in my enquiry: the concept of state neutrality (Chapter 1), arguments about noncoercive genetic selection (Chapter 2), and definitions of disability (Chapter 3). In the second, I analyse the state’s involvement in regulation and practice: based on an analysis of the law (Chapter 4), of the information provided to parents or prospective parents (Chapter 5), and of public funding (Chapter 6). In the third part of the thesis (Chapter 7), I draw conclusions based on the first two parts considered together, and discuss the difficulties in achieving state neutrality. While it is clear that the United Kingdom is not (and that no state can be) completely neutral, I explore whether it is more narrowly neutral by considering different interpretations of state neutrality based on the state’s intention. I argue that these interpretations all inevitably rely on important normative commitments, and that the United Kingdom appears not to be, in at least a number of instances, truly neutral in even a more limited sense.

Authors: Robinson, H

• Type of award: DPhil
• Level of award: Doctoral
• Awarding institution: University of Oxford
• Language: English
• Keywords: state neutrality; medical law; disability; political philosophy; jurisprudence
• Subjects: Law